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Head Note

Indian Penal Code,1860  - Section 489-A , Section 304-B , Section 306

Conviction - Dowry death - After one year of marriage, deceased came and stayed with her family for about 14 months - After convening a panchayat of close relatives, deceased returned to her matrimonial home - Again the accused & his family members maltreated the deceased and insisted for the demand of a scooter - Suicide by the deceased at her matrimonial home - Trial court convicting the accused and his mother under Sections 498-A, 304-B and 306 IPC - High Court acquitted mother of accused not being beneficiary of the demand of dowry, as only scooter had been demanded - High Court further reduced the sentence of the accused under Section 304-B IPC from 10 years to 7 years - Appeal against - So called suicide note disclosing that deceased developed love affair not proved - Witnesses of panchnama of recovery of suicide note not examined - Nothing on record to show that the alleged suicide note is in the handwriting of deceased - Prosecution witnesses specifically deposing that the demand was only in respect of scooter and nothing else - Accused miserably failed to discharge the onus to rebut the presumption that he caused the dowry death - Appeal dismissed.

Topic(s)-Dowry death